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<br />September 16, 2019, Work Session – Item 1 <br /> <br />2019 Law / House Bill 2001 (June 30, 2019) The 2019 legislature revised the 2017 law in two ways. First, it adds an explicit prohibition on city regulations that require owner-occupancy. Second, it adds an explicit prohibition on city regulations that require on-site parking. This portion of HB 2001 specifies: “Reasonable local regulations relating to siting and design” does not include owner-occupancy requirements of either the primary of accessory structure or requirements to construct additional off-street parking. These provisions of HB 2001 take effect on January 1, 2020. Staff recommends that they be implemented by the City Council in the ordinance attached. As noted above, elimination of owner-occupancy requirements was already included in the draft ordinance considered at the public hearing. See draft ordinance at Attachment A to this AIS. Council’s initial straw poll did not propose elimination of the land use code’s on-site parking requirements (although they were discussed by council prior to the public hearing and were addressed in the ordinance’s findings). In light of the 2019 legislation, the draft ordinance has been revised to eliminate off-street (on-site) parking requirements. HB 2001 also states that any regulation added to a city code is: <br />…void and unenforceable to the extent that the provision would prohibit or have the effect or <br />unreasonably restricting the development of housing that is otherwise allowable under the <br />maximum density of the zoning for the land. This means that any accessory dwelling regulation must not only be “reasonable” and “related to siting and design,” the regulation must also not “unreasonably restrict” the development of accessory dwellings if they would otherwise be allowed under the maximum density for the zone. <br />Revised Ordinance/Findings In response to City Council’s direction, LUBA’s Order and the 2019 law, Planning and legal staff have prepared the following documents. They have been revised since the May 20, 2019, public hearing as necessary to eliminate code requirements related to off-street parking and related standards that regulate how the required off-street parking is to be developed (a few non-substantive changes have also been made to correct reference errors): <br /> A Summary of Amendments is provided in Attachment A. <br /> A Draft Ordinance is provided in Attachment B. <br /> Draft Findings to justify the retention of the standards council found to be “reasonable regulations relating to siting and design” are provided in Attachment C. <br /> Draft Findings addressing Eugene Code criteria/policies and statewide planning goals are provided in Attachment D. <br /> Alternative Draft Findings that could be used if council decides to retain certain accessory dwelling standards that were initially identified for removal (provided per